(Effective January, 2016)
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all Content, information and materials available through the www.staypointsrewards.com
domain name, the "staypointsrewards.com Website
," or "Website
. StayPoints, LLC (referred to herein interchangeably as either “StayPoints
” or “mystaypoints.com
2. Mystaypoints.com Website
3. Other Websites
The Website may contain links to third party websites that are not owned or controlled by StayPoints. StayPoints has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, StayPoints will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve StayPoints from any and all liability arising from your use of any third-party website.
4. Mystaypoints.com Accounts
In order to access some features of the Website, you will have to create an account. Your creation and use of an account shall be governed by the StayPoints Rewards Program Terms and Conditions at www.staypointsrewards.com/terms-of-use
5. Prohibited and Permitted Uses of the Website Generally
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Content (defined below), without StayPoints’ prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to any coding or other technologies, whether or not embedded.
C. You agree not to access Content (defined below) or User Content (defined below) through any technology or means other than the authorized designated pages of the Website itself or other explicitly authorized means StayPoints may designate. You agree not to access or use any password protected or secure areas of the Website which are reserved for Authorized Users only. “Authorized Users” include only persons who have been issued a password for access to a password protected area or who have received clearance from StayPoints to access a secure area of the Website. Unauthorized individuals attempting to access these areas of the Website or individuals attempting to exceed the scope of their authorization or to circumvent any security measures or to engage in any other unauthorized act may be subject to prosecution or other liability, including, without limitation, under the Computer Fraud and Abuse Act (18 USC § 1030) and the Digital Millennium Copyright Act (Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998), 17 U.S.C. § 1201, et seq.).
D. Your use of the Website is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to change without permission or deliberately damage the Website is a violation of criminal and civil laws. You may not engage in any activity on the Website that restricts, inhibits or detracts any other user from using or enjoying the Website by "hacking", "cracking", "spoofing", or defacing any portions of the Website.
In addition, you agree not to post or transmit through the Website any material that violates or infringes in any way the rights of others or is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, or which gives rise to civil or criminal liability or otherwise violates any local, state or federal law, including, without limitation, U.S. export control laws and the Children’s Online Privacy Protection Act. You agree not to engage in any unlawful communications or unlawful collection, disclosure, uploading or maintenance of information regarding individuals under the age of thirteen. StayPoints reserves the right to seek legal action and damages against any person who violates the law, or any of the terms or policies set forth herein, to the fullest extent permitted by law.
E. You agree not to use the Website, or any Content, User Content, information, material or technologies, for any commercial use, without the prior written authorization of StayPoints. By way of non-limiting example, prohibited commercial uses include any of the following actions taken without StayPoints’ express approval:
sale of access to the Website or its related services on another website;
use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
the sale of advertising on the Website or any third-party website, targeted to the content of specific User Content or Website Content;
any use of the Website or its related services that StayPoints finds, in its sole discretion, to use StayPoints’ resources or User Content with the effect of competing with or displacing the market for mystaypoints.com, Website Content, or its User Content.
F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, StayPoints grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. StayPoints reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Content.
H. StayPoints reserves the right to discontinue any aspect of the Website at any time.
6. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the mystaypoints.com Website.
B. If allowed by StayPoints, your access to User Content shall be:
for your information and personal, non-commercial use; and
as intended through the normal functionality of the Website.
C. StayPoints may permit users of the Website to post “User Comments.” In such case, User Comments will be available to you for your information and personal use solely as intended through the normal functionality of the Website. User Comments are made available "AS IS", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.
D. You may access mystaypoints.com Content, User Content and other content only as permitted under this Agreement. StayPoints reserves all rights not expressly granted in and to the Content and the Website.
E. You agree to not engage in the use, copying, transmission, or distribution of any of the Content or User Content, other than expressly permitted herein, including any use, copying, transmitting or distribution of User Content of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or User Content or enforce limitations on use of the Website or the Content therein.
G. You understand that when using the Website, you may be exposed to User Content from a variety of sources, and that StayPoints is not responsible for the accuracy, truthfulness, usefulness, safety, legality, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against StayPoints with respect thereto, and agree to indemnify and hold StayPoints, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
7. Content and Conduct
A. StayPoints may permit Website account holder to submit textual Content ("User Content"). You understand that whether or not such User Content is published, StayPoints does not guarantee any confidentiality with respect to any User Content.
D. In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark rights, and privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant StayPoints all of the license rights granted herein.
E. StayPoints does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and StayPoints expressly disclaims any and all liability in connection with User Content. StayPoints does not permit infringing activities (including, without limitation, copyright or trademark infringement), and StayPoints reserves the right to remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights or if StayPoints suspects that Content or User Content is infringing. StayPoints reserves the right to remove Content and User Content without prior notice. Notwithstanding the foregoing, StayPoints reserves the right, but takes on no affirmative obligation, to monitor and remove the Content or User Content. You acknowledge and agree that neither StayPoints nor any of its partners has any liability for any action or inaction with respect to any conduct, communication or posting on the Website.
F. You are solely responsible for ensuring that your access and use of the Website complies with all applicable international, national, federal, state and local laws and regulations, including, without limitation, U.S. export control laws and restrictions and the laws of other countries, including, for example, the country where you reside, as well as any end-use, end-user, and destination restrictions regarding export or import restrictions of the jurisdiction in which the information is used or to or from which the information or material is exported.
8. Account Termination Policy
A. StayPoints reserves the right to terminate a User's access to its Website at any time, in the sole discretion of StayPoints, without prior notice. It is StayPoints’ policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
9. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
StayPoints’ designated Copyright Agent to receive notifications of claimed infringement is: Attn: StayPoints DMCA Infringement Notification; StayPoints, LLC; P.O. Box 36641, Birmingham, Alabama 35236; Email: firstname.lastname@example.org
. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to StayPoints’ customer service through email@example.com
. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Birmingham, Alabama, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, StayPoints may (but has no obligation to) send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may in StayPoints’ sole discretion be replaced, or access to it restored.
10. Warranty Disclaimer; Limitation of Liability; Indemnification
and the Reward Program Terms and Conditions at www.staypointsrewards.com/terms-of-use
E. The Website is controlled and offered by StayPoints from its facilities in the United States of America. StayPoints makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
, the Rewards Program Terms and Conditions at www.staypointsrewards.com/terms-of-use